POLAND Law and Practice Contributed by: Jaroslaw Kruk and Joanna Bogdanska, KW Kruk and Partners Law Firm
Acceptance of a Bribe by an Agent It is also worth adding that accepting a bribe may cause damage, in which case the employ - er is liable for damage caused by the employee accepting the bribe. However, such an employ - er is entitled to a recourse claim against the employee. An employee accepting a bribe may also be subject to disciplinary liability, including termination of the employment contract without notice. 1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts Aiding and Abetting in Criminal Procedure Pursuant to the applicable provisions of Polish criminal law, anyone who facilitates the commis - sion of an offence through their behaviour, in par - ticular by providing a tool or means of transport or by giving advice or information, with the intention of causing another person to commit a prohibited act, is liable for aiding and abetting. Moreover, anyone who facilitates the commission of such an offence through their omission, contrary to a specific legal duty to prevent the commission of a prohibited act, is also liable for aiding and abet - ting. Polish criminal law treats incitement and aid - ing and abetting on a par with perpetration, so the instigator or aider is punished within the limits of the threat intended for the perpetrators. Accepting Funds From Fraud – Money Laundering The acceptance of fraudulent assets may be qualified as a crime of money laundering. Liabil - ity on this basis may be borne by the person who: • receives, possesses, uses, transfers or exports abroad, hides, transfers or converts funds derived from crime; • assists in the transfer of ownership or pos - session; or
• undertakes other activities that may frustrate or significantly hinder the determination of assets’ criminal origin or place of placement, detection, seizure or forfeiture. Civil Procedure The Civil Code also provides a basis for filing a claim for redress of damage against a person who persuaded or helped another person to cause damage, as well as against a person who knowingly benefitted from the damage caused to another person. Civil law also provides for the possibility of filing an Actio Pauliana, which is used in a situation where a third party obtains a financial benefit as a result of a legal act per - formed by the debtor to the detriment of credi - tors; the creditor may then request that this act be recognised as ineffective in relation to said creditor. It is necessary, however, that the debtor acted with awareness of harming the creditors and that the third party also knew about it. 1.4 Limitation Periods Limitation Period in Criminal Law In criminal proceedings, the limitation period depends on how the act is classified and what penalty is imposed for a given crime. As a rule, in the case of fraud and money laundering (which are the most common legal qualifications in this type of act), the perpetrator cannot be punished if 15 years have elapsed since the offence was committed, so the statute of limitations for pun - ishing these types of offences is 15 years. Limitation Period for Claims for Compensation The limitation periods for claims for damages pursued in civil proceedings are as follows: • three years from the date on which the injured party learnt about the damage and the person obliged to compensate for it, but this period
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